Savithri Chalil vs The Secretary, Regional Transport ...
2024 Latest Caselaw 15307 Ker

Kerala High Court

Savithri Chalil vs The Secretary, Regional Transport ... on 5 June, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
      WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
                         WP(C) NO. 20227 OF 2024
PETITIONER:

              SAVITHRI CHALIL
              AGED 65 YEARS
              W/O RADHAKRISHNAN, PUTHANPURAYIL,
              THEYYANTAVIDEY, CHOMBALA P.O,
              VATAKARA, KOZHIKODE DISTRICT,
              PIN - 673308

              BY ADV K.V.GOPINATHAN NAIR


RESPONDENT:

              THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
              VATAKARA
              BADAGARA, VATAKARA , KOZHIKODE DISTRICT,
              PIN - 673104

              SRI.S.GOPINATHAN-SR.GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.20227 Of 2024
                               2




                         JUDGMENT

Dated this the 5th day of June, 2024

The petitioner is the holder of a Regular Permit to

operate service on the route Maniyur-Koilandy issued by the

respondent. The Permit was valid up to 29.03.2028. The

petitioner discontinued the service and abandoned the route

by way of surrender. The petitioner filed Ext.P2 application for

Temporary Permit in order to operate in place of the above

service.

2. The respondent is statutorily bound to issue

Temporary Permit to the petitioner by considering Ext.P2.

Unless the respondent considers and issues Permit, the

petitioner will be put to irreparable injury and hardship. There

is a statutory duty on the part of the respondent to grant

Temporary Permit by considering Ext.P2 application,

contended the counsel for the petitioner. WP(C) No.20227 Of 2024

3. Heard.

4. It is evident that Ext.P2 is an application for

Temporary Permit, which has statutory support. Therefore, it

is necessary that the competent authority considers Ext.P2 in

accordance with law within a reasonable time.

The writ petition is therefore disposed of directing the

respondent-Secretary, Regional Transport Authority to

consider Ext.P2 application for Temporary Permit

expeditiously and at any rate within a period of two weeks

from the date of receipt of this judgment, in accordance with

law.

Sd/-

N.NAGARESH JUDGE hmh WP(C) No.20227 Of 2024

APPENDIX OF WP(C) 20227/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE REGULAR PERMIT ISSUED TO KL-08/AT 9096 DATED 30.3.2023 VALID TILL 29.3.2028 Exhibit P2 TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT SUBMITTED BY THE PETITIONER DATED 14.05.2024